Access to Health Records

Under the Data Protection Act 1998 you, or an authorised representative, have the right to access your health record.

Access to your health record or that of another living individual

You have a right to apply for access if:

You are the patient.

You have parental responsibility for a patient who is a under the age of 16.

You are the person authorised in writing to make an application on behalf of the patient. (This requires the patient's signature).

You are a person appointed by the court to manage the patient's affairs when they are unable to e.g. power of attorney (documented proof must be provided).

Access to health records of the deceased

The Access to Health Records Act 1990 provides certain individuals with a right of access to the health record of a deceased individual. These include the executor or administrator of the deceased person’s estate and a person who may have a claim arising out of the patient’s death.

Withholding information

In some circumstances the Trust is legally required to withhold all or some of the information held in an individual’s health record:

Where the identity of an individual cannot be satisfied by the Trust.

Where consent of the individual has not been given, but is legally required.

Where it has been judged that supplying the information is likely to cause serious harm to the physical or mental health or condition of the patient or any other person.

Where providing access would disclose information relating to or provided by a third party who had not consented to the disclosure. This exemption may not apply where that third party is a health professional involved in the care of the individual.

If a deceased person had indicated that they did not wish information to be disclosed, or the record contains information that the deceased person expected to remain confidential.

How to request access to health records

Under the requirements of the Data Protection Act 1998 and the Access to Health Records Act 1990, a request for access MUST be in writing, you must provide evidence of your identity and you may be required to pay a fee of between £10 and £50.

We will try to provide the requested information within the 40 day legal deadline, or if possible within the 21 day NHS deadline. If this is likely to take longer than 40 days the applicant will be informed.

Do you need assistance?

Please do not hesitate to contact the Patient Services Department if you need assistance with completing the form or if you have any questions. They can be contacted on 01582 497288.

If wish to gain access to any other type of recorded information held by the Trust please see the Freedom of Information pages.